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How can I claim section 1245 recapture income as eligible gain?

How can I claim section 1245 recapture income as eligible gain?


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  • Matthew Rappaport
    March 04, 2020

    To my knowledge, it's right there in the final regulations. The step-up in basis after a ten-year holding period will effectively wipe out all built-in gain on any QOZP, including Section 1245 recapture. No need to do anything special with respect to Section 1245 recapture to get these benefits.

  • Brad Cohen
    March 04, 2020

    If the gain is recaptured as ordinary, then you can't. If the recaptured income is characterized as capital, then you are good.

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